Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Bélarus (Ratification: 1956)

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Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018).

The Committee notes the detailed discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application by Belarus of the Convention. The Committee notes the observation of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2018, and the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018.

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Compulsory labour imposed by the national legislation on certain categories of workers and persons. 1. Financial penalties imposed on unemployed persons. In its previous comments, the Committee noted the adoption of Presidential Decree No. 3 of 2 April 2015 on the prevention of dependency on social aid, which provides that citizens of Belarus, foreign citizens and stateless persons permanently residing in Belarus who have not worked for at least 183 days in the last year, and thus have not paid labour taxes for the same period, are required to pay a special levy to finance government expenditure. Non-payment or partial payment of such a levy entails administrative liability in the form of a fine or administrative arrest with compulsory community service (sections 1, 4 and 14 of the Decree). The Government indicated that Decree No. 3 was suspended following the President’s instruction, and that a new conceptual framework was being developed to amend the Decree, which shifts the focus from fiscal measures to the stimulation and promotion of employment and the reduction of illegal employment. A draft legislative text in this regard was expected to be completed by 1 October 2017. The Committee also noted that the Government had provided assurances to the Technical Advisory Mission of the ILO to Belarus in June 2017 that public consultation, including with the social partners, would be conducted during the development of the amended version of Decree No. 3. The Committee further noted the observation of the BKDP that, in the proposal of a new version, the Government again intended to implement the principle “if you do not work then you are to pay for services”.

The Committee notes that, in its conclusions adopted in June 2018, the Conference Committee requested the Government to provide to the Committee of Experts information confirming the amendment of Presidential Decree No. 3 of 2015 by Presidential Decree No. 1 of 2018, including information related to the operation of this new framework in law and practice.

The Committee notes from the observations of the BKDP that Presidential Decree No. 1 of 2018 was adopted on 25 January 2018 to amend Presidential Decree No. 3 of 2015. As a result, the “tax on parasitism” was cancelled, while a new type of financial penalty was introduced. According to paragraph 5 of the amended Decree, the employable citizens included in the unemployment list are to pay for public services at a price to ensure full reimbursement of economically justified costs of their rendering. The list is compiled by the standing commissions (which are established to coordinate the implementation of Decree No. 3 as amended), and approved by local authorities. This mechanism is aimed at stimulating “able-bodied” unemployed citizens to take legal employment. The BKDP states that “able-bodied” unemployed citizens are defined broadly to include, for example, housewives who bring up one or two children over the age of 7. Citizens working abroad also have to apply to the standing commission to be excluded from the list by providing documents certifying their work abroad. The BKDP emphasizes that an appeal against the decisions of the standing commissions is not possible.

The Committee also notes that, according to the observations of the ITUC, the revised Decree is similar to its previous version, which states that all “able-bodied” unemployed citizens will have to pay for a number of social and public services that are normally heavily subsidized by the State. According to the Ministry of Labour, approximately 250,000 persons are targeted by the new framework established by Decree No. 3 of 2015 as amended in 2018.

The Committee notes the Government’s information in its report that, on 27 January 2018, Presidential Decree No. 1 of 2018 entered into force and introduced substantive changes into Decree No. 3, which was subsequently redrafted under a new name “Presidential Decree No. 3 of 2 April 2015 on the promotion of employment”. The Decree repeals provisions relating to the payment by unemployed citizens who are able to work of tax to fund public spending and provisions imposing administrative liability for the non-payment of that tax. The main objective of the new Decree is to create the optimal conditions for promoting employment at the local level, including by strengthening the labour market, supporting entrepreneurship, encouraging self-employment, and working on a case-by-case basis with citizens who are unemployed or engaged in the shadow economy but willing and able to make a living through legal means. For this purpose, 146 standing commissions will be set up and run by district or municipal executive committees or local administrations, to coordinate employment promotion efforts in accordance with Decree No. 3. These standing commissions will include members of the parliaments, specialists from the labour, employment and social protection authorities, the housing and public utilities sector, internal affairs bodies and other divisions of the local administration, as well as representatives of voluntary associations. In the first half of 2018, 94,100 persons received employment assistance, and 3,800 persons were sent on training related to professions and trades for which there is a high demand.

The Government also indicates that, according to paragraph 5 of the Decree, unemployed citizens who are able to work, will have to pay for various public services at a higher price which ensures the full recovery of all reasonable costs associated with their provision. To establish procedures for assigning “unemployed” status, Council of Ministers Decision No. 239 of 31 March 2018 approves the Regulations for classifying able-bodied working-age citizens as unemployed, and creating and operating a database of such persons. Moreover, Council of Ministers Decision No. 314 of 14 April 2018 sets out the types of services to be charged at a higher price, including utilities such as hot water (applicable as of 1 January 2019), as well as gas supply and heating (applicable as of 1 October 2019). The Government states that decisions relating to whether citizens should have to pay for such services on a cost-recovery basis are to be taken by the standing commissions, after the implementation of preliminary work with those individuals with a view to providing them with employment assistance and establishing whether they are living in a difficult situation. While noting that Decree No. 3 of 2015 was amended in 2018 with a view to promoting legal employment, the Committee requests the Government to take the necessary measures to ensure that the implementation of the Decree in practice does not go beyond the purpose of employment promotion, and that no excessive penalties are imposed on persons already living in a difficult situation in order to oblige them to perform work. The Committee also requests the Government to continue providing information on the application of the Decree in practice, including the price differences related to various public services, as well as the categories and the number of persons who are enlisted as “able-bodied” unemployed and who have to pay public services at a higher price. Lastly, the Committee requests the Government to provide a copy of relevant regulations implementing Decree No. 3 of 2015 as amended in 2018.

2. Persons interned in “medical labour centres”. The Committee previously noted the adoption of Law No. 104-3 of 4 January 2010 on the procedures and modalities for the transfer of citizens to medical labour centres and the conditions of their stay, which provides that citizens suffering from chronic alcoholism, drug addiction or substance abuse who have faced administrative charges for committing administrative violations under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances may be sent to medical labour centres as a result of a petition filed in a court of law by the head of internal affairs (sections 4–7 of the Law). Such persons are interned in medical labour centres for a period of 12 to 18 months and have an obligation to work. The Government indicated that not everyone who suffers from these problems can be sent to the centres, but only those who repeatedly (three or more times in one year) have disturbed public order and been found in a state of intoxication from alcohol, narcotics or other intoxicating substances. As a further condition, the individuals concerned must have received a warning after committing these offences that he or she might be sent to such a centre but has nevertheless committed administrative offences for similar violations within a year of that warning. The Government also indicated that persons who are sent to medical labour centres have to undergo a medical examination to determine their level of addiction, and then receive medical and social rehabilitation services, including medical and psychological treatment, personal development and self-education, as well as support for the re-establishment and maintenance of the family relationship. Moreover, employment is considered as one of the most important tools for achieving social reintegration. For this purpose, vocational guidance, training and retraining, as well as skills development are provided in the medical labour centres. The Government further stated that the concerned persons are placed in employment in consideration of their ages, capacity for work, health status, skills and qualifications. They are also paid and granted annual and other types of leave in accordance with the labour law. The types of work carried out by such individuals included wood processing, agricultural work and public cleaning.

The Committee notes that, in its conclusions adopted in June 2018, the Conference Committee requested the Government to continue to provide information on the implementation of Law No. 104-3 in practice, including the number of persons who are placed in medical centres and the compulsory work that forms part of this rehabilitation.

The Committee notes from the observations of the BKDP that the Occupational Therapy and Rehabilitation Centres (so called “medical labour centres”) cannot be considered as medical centres where rehabilitation services are provided. According to the BKDP, human rights defenders evaluate the system of medical labour centres as detention or imprisonment outside the framework of criminal prosecution, not in connection with the commission of a crime. Medical measures are provided purely on a voluntary basis, while work is imposed as an obligation. The concerned person may be placed in a disciplinary room for 10 days if he or she refuses to work. The Committee also notes from the observations of the ITUC that Law No. 104-3 continues to be applied in practice resulting in 4,000–5,000 persons suffering from substance addiction to be exposed to forced labour. Section 16 of Law No. 104-3 allows the use of physical force in order to coerce interned persons to perform labour. Moreover, both the BKDP and the ITUC indicate that, the standing commissions, which are established to coordinate the implementation of Decree No. 3 of 2015 as amended in 2018, are also entitled to make decisions on the need to send citizens leading an antisocial way of life to these medical centres.

The Committee notes the Government’s information that persons who have repeatedly (three or more times in one year) committed a breach of peace while drunk or in a state induced by narcotics or other intoxicating substances may be sent to medical labour centres by court order for 12 months. A court may also decide to extend or curtail a person’s stay by a period of up to six months. In addition, persons who have to reimburse the State expenditure on the maintenance of children placed under state care, and persons who have committed disciplinary offences at work twice in one year as a result of using alcohol or other intoxicating substances and who have been warned of a possible transfer to a medical labour centre but commit an offence again within one year after receiving that warning, may be sent to such centres. The Committee also notes the Government’s information that in 2017, 6,723 persons were sent to medical labour centres (compared to 8,081 in 2016). The average monthly number of persons assigned to work in medical labour centres in 2017 was 4,812. Moreover, 169 persons at medical labour centres ceased work without authorization and 13 persons refused to work. The Government also indicates that, since the entry into-force of Law No. 104-3 in 2010, 2,945 persons have received vocational training, retraining and skills development at medical labour centres, and 876 person have benefited from on-going vocational on-the-job training programmes. The Committee therefore requests the Government to continue providing information on the implementation of Law No. 103-4 in practice, including the number of persons who are placed in the medical labour centres by court order following their repeated commission of breach of peace. The Committee also requests the Government to continue to provide information on other persons who may also be sent to such medical labour centres, including those who have to reimburse the state expenditure of child care and those who repeatedly committed disciplinary offences at work, by indicating whether they are sent to such centres by a judicial decision, as well as the number of persons concerned.

The Committee is raising other matters in a request addressed directly to the Government.